Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/27

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CH. XVII.]
POWERS OF CONGRESS—COINAGE.
19

the ruin of commerce, afford a lively proof of the mischiefs of a currency exclusively under the control of the states.[1]

§ 1115. It will be hereafter seen, that this is an exclusive power in congress, the states being expressly prohibited from coining money. And it has been said by an eminent statesman,[2] that it is difficult to maintain, on the face of the constitution itself and independent of long continued practice, the doctrine, that the states, not being at liberty to coin money, can authorize the circulation of bank paper, as currency, at all. His reasoning deserves grave consideration, and is to the following effect. The states cannot coin money. Can they, then, coin that, which becomes the actual and almost universal substitute for money? Is not the right of issuing paper, intended for circulation in the place, and as the representative of metallic currency, derived merely from the power of coining and regulating the metallic currency? Could congress, if it did not possess the power of coining money and regulating the value of foreign coins, create a bank with the power to circulate bills? It would be difficult to make it out. Where, then, do the states, to whom all control over the metallic currency is altogether prohibited, obtain this power? It is true, that in other countries, private
  1. During the late war with Great Britain, (1812 to 1814,) in consequence of the banks of the Middle, and Southern, and Western states having suspended specie payments for their bank notes, they depreciated as low as 25 per cent. discount from their nominal value. The duties on imports were, however, paid and received in the local currency; and the consequence was, that goods imported at Baltimore paid 20 per cent. less duty, than the same goods paid, when imported into Boston. This was a plain practical violation of the provision of the constitution, that all duties, imports, and excises shall be uniform.
  2. Mr. Webster's Speech on the Bank of the United States, 25th and 28th of May, 1832.